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Defending the Indigent in Southwest Louisiana

NCJ Number
202934
Author(s)
Michael M. Kurth; Daryl V. Burckel
Date Published
2003
Length
53 pages
Annotation
This study assessed the quality of legal services provided to indigent persons accused of felony crimes in Calcasieu Parish, LA.
Abstract
To assess the legal experiences of indigent defendants, the study tracked the cases of those charged with a felony in March of 1997, 1999, and 2001 (n=770). A sample of 182 case files were randomly selected for evaluation of the activities of the public defenders in those cases. To assess the quality of public defenders compared to private defense attorneys, the study surveyed and interviewed local attorneys with an active criminal practice. Data were obtained on the funding, staffing, and case load of the Calcasieu Parish Public Defender's Office, the amount of contact between public defenders and their clients, the resources available to the District Attorney's Office compared with the Public Defender's Office, and the process for assigning judges to cases and setting the court docket. Findings indicated inadequate contact between public defenders and clients, little investigative and/or legal work on cases prior to trial, no use of expert witnesses, and minimal assertion of clients' legal rights. This poor quality of legal representation was due to a shortage in resources and a judicial process that tolerates delays. The case loads of public defenders was three times greater than the State guidelines recommended; and the average time from arrest to disposition of a felony case was 501 days, compared to a national average of 214 days. This slow pace of case processing has resulted in more than double the number of open felony cases in the parish. This study advises that the Public Defender's Office needs more funding, but this will not solve the problem unless this is accompanied by a reform of the judicial system to facilitate improved defense services for indigent defendants. 12 tables, 27 references, and appended jail surveys, jail visitation logs, and the survey of private attorneys